Transcript Independence of Judiciary

Independence of Judiciary
-Dr.G.B.Reddy
Department of Law
Osmania University
Hyderabad-7
[email protected]
Unique position of Judiciary in
Administration of Justice
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Role of courts and judges in modern times
Need for maintaining independence of judiciary
Need to respect status and decisions of judiciary
Duty of all authorities in India to assist the courts in
executing their orders
Full faith and credit clause in the Constitution
Possibility of willful disobeyance of courts’ orders
Tendency to lower image of judiciary
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Indian Judiciary at a Glance
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Higher Judiciary & Subordinate Judiciary
Constitutional Courts & Constituted
Courts
Higher Judiciary-Supreme Court ,High
Courts
Subordinate Judiciary-District Courts
downwards
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Supreme Court of India
[Art.124-147,32 etc]
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Highest Court in India-successor to Federal Court
Supreme Interpreter of Constitution, Guardian of F.Rts,
Ultimate Court of Appeal &Final Interpreter of Law
Chief Justice & 30 judges
Appointment – by President in consultation with CJ &
other judges [position before & after 1993]
Two alternatives are available to the Government of the
day. One is to seek a reconsideration of the three
judgments aforesaid before the Hon’ble Supreme Court.
Otherwise a law may be passed restoring the primacy of
the Chief Justice of India and the power of the executive
to make the appointments. [L.C.Report No. 214
November 2008]
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Supreme Court of India
[Art.124-147,32
etc]
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Jurisdiction – Court of Record
[Art.129],Original [Art.131],Appellate[132134],SLP[136]F.Rts [32],Advisory [143],Review
[137] Complete justice [142]
Contempt Power -Civil&Crl- of SC [Md.Aslam
v.UOI,1994,SC],of HC [In re V.C.Misra,1995,SC] of
Subordinate Judiciary [Delhi Judicial service Assn
v. Gujarath,AIR 1991 SC 2176]
“justice is not a cloistered virtue; she must be
allowed to suffer the scrutiny and respectful, even
though outspoken, comments of ordinary men” –
Lord
Atkin
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Constitutional Provisions Rel.to
Independence of Judiciary
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Restriction on discussion in Parliament -with
respect to conduct of any SC/HC judge in
discharge of his duties except in impeachment
proceedings-Art.121
Salaries etc of judges-drawn from Consolidated
Fund of India & not subject to vote of
Parliament –Art.112(3)
Neither privileges nor allowances of SC
Judges……shall be varied to his disadvantage
after his appointment [Proviso to Art.125]
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Constitutional Provisions Rel.to
Independence of Judiciary [contd..]
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SC to be a Court of Record –Art.129
Law declared by SC to be binding on all courtsArt.141
SC’s power to pass decree/order….necessary for
doing complete justice in any case or matter
pending before it ….& such order shall be enforceable
as if it is a law passed by Parliament..until provision
in that behalf is made - Art.142 - [Ref. to Curative
Petition & Visakha Guidelines]
Difficult procedure to remove SC judges –
Art.124 (4) & (5)
Rulemaking power of SC – Art.145
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HC to be a Court of Record –Art.215
Neither privileges nor allowances of HC
Judges……shall be varied to his disadvantage
after his appointment [Proviso to Art.221]
Restriction on practice by retired HC judgesArt.220
Power of Judicial Review
Self-assumption of power to appoint and
transfer of SC/HC judges – Post 1993
scenario
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Conclusion
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Independence of judiciary -an extension
of doctrine of separation of powers
Essential for effective administration of
justice
Independence is not devoid of
accountability - they are supplementary
and complimentary.
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